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HomeMy WebLinkAbout2019-08-21 August 21, 2019 1 REGULAR TOWN BOARD MEETING August 21, 2019 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:32 p.m. The meeting was called to order by the Edward LaVigne, Supervisor, and opened with the Pledge of Allegiance to the flag. Roll call by Jessica Hall, Deputy Town Clerk, showed the following to be PRESENT: Katrina Binkewicz, Councilperson Doug Dake, Councilperson Joseph Wetmore, Councilperson Edward LaVigne, Supervisor ABSENT: Andra Benson, Councilperson ALSO PRESENT: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Highway Superintendent, Mike Moseley, Deputy Highway Superintendent, Patrick Tyrrell, Parks and Recreation Supervisor, C.J. Randall, Director of Planning, John O’Neill, Village of Lansing, Dan Veaner, Lansing Star, Andrew Sullivan, The Ithaca Times/Lansing Ledger, Ted Laux, Larry Fabbroni, Steve and Rocco Lucente, Village Solars, Terry Carroll, Cornell Cooperative Extension, Janice Johnson, Tompkins County Youth Services, Travis Judd, Lansing Youth Services, Stacie Mastin, Lansing Youth Services, Suzanne Hinderliter, Eric Milled, Hilarie Larson, Tee-Ann Hunter, Mitch Quine, and a few other attendees. RESOLUTION GRANTING A WAIVER FROM THE REQUIREMENTS OF THE TOWN OF LANSING LAND USE ORDINANCE PLANNED DEVELOPMENT AREA NO. 1 (VILLAGE CIRCLE - VILLAGE SOLARS) §1610 (17) Edward LaVigne, Supervisor, explained project history. Larry Fabbroni, Steve and Rocco Lucente answered Board questions regarding waiver request. RESOLUTION 19-120 RESOLUTION GRANTING A WAIVER FROM THE REQUIREMENTS OF THE TOWN OF LANSING LAND USE ORDINANCE PLANNED DEVELOPMENT AREA NO. 1 (VILLAGE CIRCLE - VILLAGE SOLARS) §1610 (17) The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Planned Development Area No. 1 was established by Local Law No. 1 of 2013, passed by Town Board Resolution 13-78 on April 17, 2013, which added §1610 (12) to the Town of Lansing Land Use Ordinance and required completion of the Community Center Building within five (5) years of the date of adoption of the Local Law; and WHEREAS, Planned Development Area No. 1 was amended by Local Law No. 6 of 2017 (Town of Lansing Land Use Ordinance §1610 (12)(a)) and required that the Community Center Building shall be substantially completed by December 31, 2020 and, until substantially complete, only 3 of the 5 building permits for major or large buildings demarked in Phase 4 (Buildings #36, #117, K, L and M) shall issue, and the remaining 2 building permits shall not be issued until the certificate of occupancy is issued for the Community Center Building; and WHEREAS, on July 12, 2019 the Town of Lansing received a request for Waiver from Lawrence P. Fabbroni, P.E., Village Solars Project Engineer, under the provisions of §1610 (17) of Local Law No. 6 of 2017, to delay substantial completion of the Community Center until December 31, 2021; and WHEREAS, the Town Board reviewed the request for Waiver at their regular meeting on July 17, 2019 and referred the matter to the Planning Board; August 21, 2019 2 WHEREAS, a Motion from the Planning Board recommending the Town Board to Extend the Completion Date of the Village Solars Community Center to December 31, 2021 was passed on July 22, 2019; and WHERERAS, Local Law No. 6 of 2017 requires that the Town Board consider the request for Waiver under Town of Lansing Land Use Ordinance §1610 (17)(a)-(d); and WHEREAS, upon deliberation there upon, the Town Board of the Town of Lansing has hereby RESOLVED, a Waiver granting an extension of the Completion Date of the Village Solars Community Center to December 31, 2021 subject to the following conditions: 1. Village Solars Buildings #2, #22 and #117 will only receive building permits after the completion of the Community Center. 2. Receipt of all Stormwater Pollution Prevention Plan (SWPPP) Inspection Reports for Village Solars, LLC (SWPPP NYR10Y129). 3. A complete copy of the SWPPP NYR10Y129, including copies of all inspection reports and plan revisions, must be retained at the project at all times during working hours. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore – Nay Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019. STREET LIGHT CONVERSION TO LED – CORNELL COOPERATIVE EXTENSION - TERRY CARROLL Mr. Carroll provided a handout to Town Board members explaining pros and cons of ways to switch streetlights to LED lights.  Town has 68 street lights, leased from NYSEG  Two (2) methods of switching lights o Contact NYSEG, pay them to convert to LEDs, Town then leases LEDs  Can buy LEDs after they switch but will be costly after switching o Buyback current streetlights from NYSEG and convert to LEDs through New York Power Authority (NYPA)  Town owns LED lights  More costly  Town crew or third party vendor to switch lights to LED  This option cuts Town’s ties with NYSEG for streetlights  Maintenance of lights o NYSEG lease option – they maintain lights o Buyback option – Town responsible for maintenance  SmartCities – connected street lights – available only through NYPA option Short break taken 7:32pm to 7:36pm. PRIVILEGE OF THE FLOOR – GUIDELINES Available as a handout. The public shall be allowed to speak only during the Public Comment / Privilege of the Floor period of the meeting, or during public hearings, or when they have reserved and been granted time upon the Agenda. August 21, 2019 3 Speakers must be recognized by the presiding officer (or his or her designee) and step to the front of the room. Speakers must give their name and state whether they are speaking as a resident, a member of the public, or for any other person or organization. Speakers must limit their remarks to 3 minutes, and comments unrelated to the subject matter of the public hearing are not allowed. Speakers may not yield any remaining time they may have to another speaker. With the permission of the presiding officer a Board or committee member may interrupt a speaker for the purpose of clarification or information (and not for any other reason or to debate or disagree). Such time shall not be counted against the speaker’s 3 minute limit. All remarks shall be addressed to the Board or committee as a body and not to any member thereof, nor to any member of the public whether present at such public hearing or not. Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and good taste. Interested parties or their representatives may address the Board by written communications. Written documents and evidence may be submitted as part of the record of the public hearing. Persons who exceed 3 minutes, violate rules of courtesy, decorum, dignity or good taste, or deliberately or by their behavior interfere with other person’s right to comment or participate in the public hearing, or who deliberately or by their behavior interfere with governmental administration will be cut off, removed, or have non-recognized comments removed from the record, or any combination of the above. Before a comments or statements will be excised from the record, the speaker will be verbally warned that they are in violation of the rules for this public hearing. PRIVILEGE OF THE FLOOR – COMMENTS One resident spoke in support of Town passing Resolution Supporting Tompkins County Water Resources Council Staff Request.  Not having a County level staff person dedicated to water quality issues is a lost opportunity o A lot of state attention on water quality issues o Money being offered for water quality projects  Position would benefit small Tompkins County municipalities o Help with grant writing, administration and coordination of projects One attendee spoke to introduce a solar development company and discuss current draft of local solar law.  Speaking from a developers perspective, feel it is workable law LANSING COMMUNITY LIBRARY REPORT – CHRISTINE EISENHUT The following report was available as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY August 19, 2019 1. Shadow Puppet Party– Saturday, September 14th at 11:00 am. 2. Save the Date – Friday, October 18th - Cocktails and Costumes. More details to follow. 3. YouthLAB (Library Advisory Board)– First Monday of the Month 6:00 pm-7:30 pm. Students in grades 5-8 are invited to join in a monthly meeting to discuss future library programs and ideas. August 21, 2019 4 4. Ask Annie – Tech Help for the Digital Library – Walk-In Wednesdays 10 am -11 am. Get help with downloading e-books, audiobooks and music onto your devices. 5. Artwork on display in July and August – Kevin Mayer: Plein-air Landscapes. 6. Summer Reading – A Universe of Stories – The wrap up with the Portable Planetarium went well. Ongoing programs at the library: a. T’ai Chi – Tuesdays 11:30 am - 12:30 pm, Thursdays 2:30 pm - 3:30 pm b. Story Time – Tuesdays 1:00 pm, Thursdays 10:30 am. c. Mah Jongg – Wednesdays 1:00 pm - 4:00 pm Museum Passes and Empire Passes are available. The library offers free printing, copying, scanning and faxing and extra computer time for those who are looking for a job. Ask for details at the Circulation Desk. LANSING YOUTH SERVICES – JANICE JOHNSON The following report was available as a handout. Lansing Youth Commission; Est. 1987 Supports Lansing Youth Services Youth Employment Programs August 2019  The Youth Commission does not meet in August, their next meeting will be September 19th.  Summer programs are going well and programs are full.  Youth Commission members and Travis Judd the Program Educator, will be making a presentation at the Town Board August 21st meeting.  Tompkins County Youth Services Dept. has put in a 2% increase in the County Youth Service Funds for 2020, we should know more about this request when the County Administrators Budget is released in early September.  LYS Budget request for 2020 has been submitted.  I hope everyone’s summer has been great so far! Janice Johnson, Travis Judd, Stacey Mastin and a participant from one of the programs shared the following and passed out a handout to Board members.  Thanked Board for their continued support of program  Lansing has one of the best programs in County  Travis does an amazing job of capturing attention of students  Goal is to teach life skills through programs  Diverse programs hit a population of students that do not fall in main stream activities (sports & theatre)  Towns support allows most programs to remain free for participants o Summer programs have a small fee (scholarships available) o Fundraise to support and supplement programs Edward LaVigne, Supervisor, asked what their dream project/wish list item would be. Janice Johnson stated, it would be great if the Lansing program had their own van. Her second request would be gas for van. Travis agreed a van would be wonderful to be able to travel regularly and not have to coordinate with other programs. Mr. LaVigne requested August 21, 2019 5 they provide an estimate in order for him to look into their request, maybe Lansing Community Council can help. TOMPKINS COUNTY LEGISLATOR – MIKE SIGLER Reviewed the following with the Town Board and the report was available as a handout. Tompkins County Legislator Michael Sigler August 21, 2019 Hello and thank you for having me again. At our August 6th meeting, the Legislature voted against moving ahead with an in-depth feasibility study to gather more information on the potential to establish a joint City-County public safety facility. The proposed study would have delved deeper into findings of a preliminary study by Kingsbury Architecture on what could be involved if the County Sheriff’s Office (Road Patrol and Civil Division, and possibly the Jail) were to be co-located with the Ithaca Police Department at a location within the City of Ithaca. The City’s Common Council has already supported moving ahead. The Legislature declined to follow suit, with the proposal rejected by a 5-8 vote. I was not there for the vote, but spoke out vigorously against the colocation. The move would have required 8 votes and as you can see, it was not widely supported, I think in part thanks to Deborah Dawson, Shawna Black and my efforts. Dawson expressed our concerns about moving the Sheriff farther from the County’s Northeast population center and higher call volume, as well as melding two agencies with different cultures, pay scales, etc. Legislator Black also said it makes no sense to move the Sheriff from the Village of Lansing and property the County already owns. Last night, The Legislature authorized a Conditions and Program Needs Assessment of the Tompkins County Public Safety Building, by unanimous vote. The County will contract with LaBella Associates and allocate $74,000 from the Contingent Fund for the study. It will evaluate architectural, structural, mechanical, electrical, plumbing, life safety, security and control systems; investigate feasibility for carbon mitigation; assess the facility’s below-grade sanitary sewer piping; and review and identify any suspect regulated building materials. We also talked about 767 Warren Road, adjacent to Airport property and near the current Public Safety Building, which has been toured by others including the Sheriff, and considered by some as a potential location for the Road Patrol and Civil Division. Our administrator is now considering how big the scope of this study will be. We heard public comment on whether or not we should ask for State authorization allowing rifle hunting for deer and bear in Tompkins County. It’s legal in pretty much every Upstate county. Hunter safety instructors are among those who have asked the Legislature to reconsider the issue. In 2013, a similar proposal had been advanced, but failed to be approved by the Legislature. At the hearing, only two people spoke, both speaking against, but I’ve heard from more in support. It’s argued it’s safer than shotguns and causes less pain to the deer and bear. At our August 6th meeting, after a public hearing, the Legislature approved adoption of the 2019- 2020 Tompkins Cortland Community College Operating Budget. The $35.7 million budget contains total sponsor support of $4,882,882, split between Tompkins and Cortland Counties based on proportional student enrollment, with Tompkins supporting nearly two-thirds of that. The budget has a 5% increase in sponsor support, the first increase in several years. Lastly, also at that meeting, the Tompkins County Legislature paid tribute to Army Sergeant James G. Johnston, of Trumansburg, approving by unanimous vote a resolution of commemoration honoring Sgt. Johnston, who died while on active duty in Afghanistan on June 25, 2019, from injuries sustained in the service to his country. Johnston was an explosive ordinance disposal specialist, and received many decorations for service, including for meritorious service, a bronze star, and a purple heart. Many Legislators were wearing Hawaiian shirts in honor of Sgt. Johnston, said to be his favorite type of attire. Thank you and thanks again to Marcia Lynch whose County reports I draw very liberally from and without whom this report would be much more difficult. Mike also reported: Tompkins Cortland Community College – Enrollment has declined, lost about 1000 students August 21, 2019 6 Budget Season – Will begin in September Lansing Youth Services – An excellent program, his family has utilized, fees very reasonable PARKS AND RECREATION REPORT – PATRICK TYRRELL Reviewed the following with the Town Board and the report was available as a handout. Parks & Recreation 8/21/19 Town Board Meeting RECREATION Soccer Camp again was a huge success with over 240 children. Small Fry Football has started, we will have both a junior and senior team. Fall Soccer will begin in September. I sent you all an email with an update on the digital sign on the ballfields, I am hopeful we can get that started soon. PARKS Concert series has gone very well with the exception of last week when we had to cancel due to weather. Unfortunately, that concert will not be rescheduled. We will wrap up our season this Thursday the 22nd with Bad Alibi. We have had some theft over the past several weeks that is very concerning, so we have been looking into several security camera options to protect our patrons and staff. Patrick also noted: Lansing Youth Services  Awesome program  Work together to avoid duplication of programs  Helps tremendously with high school workers LED Digital Sign  Cost of sign and installation is about $50,000 (donation to cover $20,000)  Messages on new sign can be programmed from computer  Multiple messages can be scrolling on the sign  Would allow public to receive information quicker  Can be used by all departments MOTION TO ALLOCATE UP TO $50,000 FOR LED DIGITAL SIGN WITH INSTALLATION COSTS; $30,000 FROM UNRESERVED FUND BALANCE TO A7140.200 AND $20,000 FROM A2705 (DONATIONS) TO A7140.200 Councilperson Doug Dake, moved TO ALLOCATE UP TO $50,000 FOR LED DIGITAL SIGN WITH INSTALLATION COSTS; $30,000 FROM UNRESERVED FUND BALANCE TO A7140.200 AND $20,000 FROM A2705 (DONATIONS) TO A7140.200 Councilperson Katrina Binkewicz, seconded the motion. All in Favor – 4 Opposed – 0 Patrick continued: Parks  Had thefts at Myers Park o Getting quotes for security cameras  Helped plant 75 new trees and shrubs at Salt Point Computer Upgrades  Windows 7 will be obsolete and no longer supported by Microsoft August 21, 2019 7 o Need to upgrade approximately fifteen (15) computers  Reimage which can only be done on six (6) computers  Purchase new o Makes most sense to buy new computers  Newest technology  Not putting money into old technology computers that could still fail  Has quotes, will forward to Board  Use State Contract pricing for purchasing new  Cost estimated between $15,000 - $20,000  Not upgrading leaves Town vulnerable to security issues (malware) HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL Cricket reported the following: Paving – Most projects have been completed for this season Erosion Stabilization – Currently working in Lakewatch area on ditches Stream Stabilization – Lockerby Hill  Project with Tompkins County Soil & Water o Money is earmarked for this project  Permits are in, waiting on approval from Army Corps of Engineers  Time frame is getting tight, must be completed by September 30th (DEC rule)  Next Soil & Water Meeting is September 19th which would not give enough time to get material delivered and project completed by deadline  If approval comes through by end of August/early September – would Town Board be comfortable purchasing materials and be reimbursed by Tompkins County Soil & Water Conservation?  If permits come after Labor Day, project will probably not happen this year and no funds will be spent on project MOTION TO ALLOCATE UP TO $90,000 FROM UNRESERVED FUND BALANCE TO A8745.400 FOR PRODUCT TO BE UTILIZED ON STREAM STABILIZATION PROJECT ON LOCKERBY HILL, ALLOCATION WILL BE REIMBURSED IN FULL BY TOMPKINS COUNTY SOIL AND WATER Councilperson Doug Dake, moved TO ALLOCATE UP TO $90,000 FROM UNRESERVED FUND BALANCE TO A8745.400 FOR PRODUCT TO BE UTILIZED ON STREAM STABILIZATION PROJECT ON LOCKERBY HILL, ALLOCATION WILL BE REIMBURSED IN FULL BY TOMPKINS COUNTY SOIL AND WATER Councilperson Joseph Wetmore, seconded the motion. All in Favor – 4 Opposed – 0 Cricket continued: Woodsedge Intersection Realignment – Project has been started SPEC Consulting  Make recommendation to cancel need assessment contract  Approximately 18 months with no results or recommendations from firm  Deposit of $1,500 has been paid to firm Councilperson, Katrina Binkewicz, suggested the reason for cancelling the contract is lack of performance. MOTION TO PURSUE CANCELLING THE CONTRACT WITH SPEC CONSULTING Councilperson Joseph Wetmore, moved TO PURSUE CANCELLING THE CONTRACT WITH SPEC CONSULTING Councilperson Doug Dake, seconded the motion. August 21, 2019 8 All in Favor – 4 Opposed – 0 Edward LaVigne, Supervisor, will work with Town Attorney to review contract and see what steps are required to cancel. Joseph Wetmore, Councilperson, asked Cricket if he could look into getting signs on bridge on Brickyard Road warning bicyclist that it is slippery/dangerous when wet. His other concern is they are digging out the ditches and not reseeding them along Brickyard. DIRECTOR OF PLANNING REPORT – C.J. RANDALL Reviewed the following with the Town Board and the report was available as a handout. CORE PLANNING FUNCTIONS  Review and classification of development applications o Continued revisions of content and setup of the current Application documents currently utilized in the development review process with Code Clerk, anticipated changes to be reviewed by the Planning Board and Town Board during Q4 2019  Data and GIS Services o Continued inventory and collection of the Town’s digital data; data transfer with County Planning anticipated on 8/22 o Data review conducted on 7/30 with CAC members with GIS background  Conservation Advisory Council staff support o Held initial meeting with newly appointed CAC members on 7/15 at 6 pm  Planning Board staff support o Quality Sheds – 2080 East Shore Drive  Review of Site Plan conducted on 6/24, 7/8, and 7/22, preliminary and final approval granted on 7/22 o Salt Point Farm Brewery and Tasting Room – Auburn Road  Sketch Plan review on 7/22 o Two Minor Subdivisions:  Fenner Road approved on 7/8  Village Solars approved on 7/22  Zoning Board of Appeals staff support o Minor area variance at 506 Scofield Rd. granted on 7/16  Agricultural Committee staff support o Continued coordination with Ag Committee on revisions to Solar & Wind Local Law  Interdepartmental Infrastructure Coordination o Coordination with Town Parks & Recreation on application to 2019 Environmental Protection Fund (EPF) CFA for Myers Park improvements – submitted on 7/26 o Coordinated with Court regarding 2019-2020 JCAP application for Town Hall ADA improvements, anticipated Resolution for Town Board consideration on 9/18  Attended Tompkins County Planning Advisory Board (PAB) meeting on 7/9 o Review of updates to the County’s Comprehensive Plan, County Conservation and Preservation Funds, and County Energy Strategy  Attended Ithaca-Tompkins County Transportation Council Joint Planning committee meeting on 7/9  Attended 5G Deployment training in Corning on 7/24 August 21, 2019 9  Attended Water Infrastructure Improvement Act (WIIA) And Intermunicipal Water Infrastructure Grant Program (IMG) Grants Webinar on 7/30  Attended Tompkins County Community Celebrations Grant Workshop on 7/31 LAND USE POLICY WORK PROGRAM  Land Use Ordinance Update o Recommendations and preliminary audit questions anticipated at 8/26 Planning Board meeting  Prepare amendments to Solar Energy Local Law o Consistent with proposed schedule of adoption, final draft was delivered to the Town Board on 7/3, additional revisions anticipated after Ag Committee review o Hosted public information session at Town Hall on 7/31, publicized in the Lansing Star  Environmental Protection Overlay Districts o Scope of work and schedule of adoption forthcoming in Q4 2019 C.J. also reported: 25 Sperry Lane  Demolition and removal is complete Guy Krogh, Town Counsel, shared the following regarding surcharge  Current law states Town can charge up to 50% surcharge  Recommends surcharge be set between 15-20%  Suggest Local Law be amended  Next step - Supervisor and Town Clerk to file Verified Statement o Should be done within next 30 days to make 2020 tax levy Board comfortable with 20% surcharge for this project, would like to review Verified Statement before it is signed Myers Park Grant Application  Submitted on July 26th to Environmental Protection Fund for series of improvements at park  Thanks to Patrick and Jenna for their help in preparing – could not have done it without them Accessible Doors Grant Application  Grant application in works with Justice Department  Have not applied in last three (3) years Parks, Recreation & Trails Master Plan  Developing a scope of work  Community engagement project to develop a master plan of Town spaces  Anticipating putting project out to contractors in early January Tompkins County Business Energy Advisors Program  Launching a specific Lansing program  Money available for government buildings for energy evaluations  Will get in touch with them to see what can be offered Tompkins County Soil and Water Conservation District  Looking to utilize their services for storm water review on a pending project due to a conflict of interest with T. G. Miller, P. C.  Good secondary option when conflict of interest comes up August 21, 2019 10 Joseph Wetmore, Councilperson, thanked C.J. for her time and work on proposed Solar Law. ENGINEER’S REPORT – DAVE HERRICK No Report. AGRICULTURE COMMITTEE REPORT – CONNIE WILCOX No meeting – no report. RESOLUTION AUTHORIZING TRIPHAMMER ROAD WATER MAIN REPLACEMENT AND REPAIR PROJECT, AND AUTHORIZING PUBLIC BIDDING FOR MATERIALS RESOLUTION 19-121 RESOLUTION AUTHORIZING TRIPHAMMER ROAD WATER MAIN REPLACEMENT AND REPAIR PROJECT, AND AUTHORIZING PUBLIC BIDDING FOR MATERIALS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, as a repair in kind and in place, the Town, through the Consolidated Water District (“CWD”) is authorized by statute to effect needed repairs to the water distribution system, and per Town Law § 198 the repairs proposed to the water mains along Triphammer Road are hereby deemed necessary to the CWD and approved for replacement in kind and place, to be funded by the CWD reserves and unencumbered fund balances, to be installed by the Town Highway Department with materials to be purchased by public bid process per General Municipal Law § 103 and the Town’s Procurement Policy in an amount not to exceed $120,000 for all piping, equipment, valves and appurtenances (the “Project”); and WHEREAS, such Project is a Type II Action under SEQRA as a utility repair or replacement project, involving the purchasing of materials and undertaken on an emergency basis due to the need to repair a failing and leaking main, including per 6 NYCRR Part 617, §§ 617.5(c)(1), (2), (31) and (42); and WHEREAS, upon deliberation thereupon by the Town Board of the Town of Lansing, it is hereby RESOLVED, that the Highway Superintendent be and hereby is authorized to: (i) issue, review, and approve public bids for materials for the Project, all in an amount not to exceed $120,000; (ii) award the bid to the lowest responsible bidder in accord with bid documents as prepared by the Town Engineer and the CWD for this repair and replacement project; and (iii) together with the Town Supervisor, sign and execute such purchase agreements, contracts, and like forms and documents as are necessary to efficiently complete the Project within the above-noted allocations for material costs. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019. RESOLUTION TO RELEVY YEARLY WATER AND SEWER CHARGES ON THE TOWN AND COUNTY TAX BILL RESOLUTION 19-122 August 21, 2019 11 RESOLUTION TO RELEVY YEARLY WATER AND SEWER CHARGES ON THE TOWN AND COUNTY TAX BILL The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Town Board hereby authorizes the Receiver of Water and Sewer Rents to relevy water and sewer accounts each year on the Town and County tax bills; and WHEREAS, to assure proper notification to all account holders, the Lansing Town Board hereby directs SCLIWC (Bolton Point) once a year to place a timely reminder notice on the August water bills, or the Receiver of Water and Sewer Rents will send the courtesy reminder letter generated by Williamson Law Book, to all owners and tenants who have a balance of $1.00 or more for the water and sewer charges on their account; and WHEREAS, the last day for payment will be the second Tuesday of October; and WHEREAS, after the collection date the Receiver will notify SCLIWC to remove said amounts from accounts to be relevied on the Town and County tax bills; and WHEREAS, by no later than the second Tuesday of November the Receiver will send the amounts to be relevied on the Town and County tax bill to the Tompkins County Assessment Department. WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Receiver will relevy the unpaid water and sewer account charges plus a 10% fee on all accounts with a balance of $10.00 or more to the Town and County tax bills. BE IT FURTHER RESOLVED that all unpaid water and sewer account charges under $10.00 will be adjusted. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019. RESOLUTION AND FINAL ORDER APPROVING FORMATION AND ESTABLISHMENT OF WARREN ROAD SEWER DISTRICT EXTENSION NO. 1 RESOLUTION 19-123 RESOLUTION AND FINAL ORDER APPROVING FORMATION AND ESTABLISHMENT OF WARREN ROAD SEWER DISTRICT EXTENSION NO. 1 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, in relation to the proposed NYSDOT facility on Warren Road and the provision of sewer services thereto, including to avoid large septic fields that would likely be detrimental to nearby wetlands and Cayuga Lake, and upon the request of Tompkins County and New York State, a map, plan and report (“MPR”) was finalized for the proposed Warren Road Sewer District Extension No. 1 (the “Extension”); August 21, 2019 12 WHEREAS, a negative declaration was issued under SEQRA by the lead agency, County 239 reviews were submitted in respect of the NYSDOT project and this Extension, and the Town Board duly issued a public interest order, conducted a public hearing on June 19, 2019 thereupon, and published its order of formation subject to permissive referendum as required by law, and no protest or petition objecting to the resolution and order, or the formation of the Extension was submitted; and WHEREAS, the Town desires to proceed towards establishment of the Extension and finds that all proceedings have been regularly conducted in accordance with law, and upon due deliberation upon the forgoing, the Town Board of the Town of Lansing does duly resolve, determine, declare, and order as follows: 1. The Extension is situated wholly outside of any incorporated village or city, and the establishment of the Extension be and is hereby approved, with the area of such Extension being more particularly bounded and described as all those tracts or parcels of land situate in the Town of Lansing, County of Tompkins, State of New York as shown in the MPR and upon the official tax and assessment maps, the deed descriptions of each of which are as set forth in the Tompkins County Clerk’s Office and duly incorporated herein, and which lands may also be more particularly described as follows: All that tract or parcel of land situate in the Town of Lansing, County of Tompkins, State of New York, being bounded and described as follows: Beginning at a point in the west highway boundary of Warren Road, said point being the northeast corner of tax map parcel 44.-1-47; thence northwesterly 363+/- feet to a point, said point being the southwest corner of tax map parcel 44.-1-19; thence north 87 +/- feet along the west line of said parcel to a point; thence west 130 +/- feet to a point; thence south 130 +/- feet to a point; thence west 50+/- feet to a point; thence south 305+/- feet to a point; thence north 951+/- feet a point in the north line of tax map parcel 44.-1-20.1; thence east 498+/- feet to the northwest corner of tax map parcel 44.-1- 20.2; thence continuing east a distance of 445+/- feet along the north line of said tax map parcel the west line of Warren Road; thence south along the west line of Warren Road a distance of 880+/- feet to the point or place of beginning. Each and all of which parcels are more particularly shown and described upon the map filed at the Town Clerk’s Office, being also the map appended to the MPR, consisting in all of 4 tax parcels (P/O 44.-1-18, 44.-1-19, P/O 44.-1-20.1, and 44.-1-20.2), being approximately 15.6 acres in size, to which reference is hereby made and which map is expressly herein incorporated. 2. The Extension shall be constructed as set forth in the said Order calling a public hearing, at no cost to the Town, the Warren Road Sewer District, and the Extension not to exceed $0.00 (as installation and connection costs are being paid by the Developer), and the Extension be and hereby is authorized to assess, levy, and collect upon and from the several lots and parcels of land within the District the costs and obligations relating to the operating of the District, including as set forth in the MPR and the public interest order, including setting sewer service rates for transportation and treatment expenses through the Warren Road Sewer District and the Villages of Lansing and Cayuga Heights, pursuant to intermunicipal agreements which were updated and amended to cover this Extension, and the Town Board determines and specifies that each parcel in the Extension is especially benefited thereby, and such assessment, levy, and collection shall be so much upon and from each parcel as shall be in just proportion to the amount of benefit conferred upon the same, to pay the capital, transportation, treatment, and operation and maintenance costs of such Extension. 3. In accord with Town Law §§ 209-f and 209-g, and within 10 days of the adoption of this Final Order, the Town Clerk shall: (i) file with the Tompkins County Clerk a certified copy of this Resolution, together with the no-referendum certificate; and (ii) file a certified copy of this Resolution in duplicate with the NYS Department of Audit and Control, Albany, New York. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Aye Supervisor Edward LaVigne - Aye August 21, 2019 13 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019, as further signified by the signatures of the Town Board below. ________________________________________ Councilperson Katrina Binkewicz ________________________________________ Councilperson Doug Dake ________________________________________ Councilperson Joseph Wetmore ________________________________________ Supervisor Edward LaVigne RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2 OF 2019 OF THE TOWN OF LANSING TO AMEND THE LAND USE ORDINANCE RELATING TO SOLAR AND WIND ENERGY SYSTEMS PROPOSED TO BE SITED IN THE TOWN OF LANSING, NEW YORK RESOLUTION 19-124 RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2 OF 2019 OF THE TOWN OF LANSING TO AMEND THE LAND USE ORDINANCE RELATING TO SOLAR AND WIND ENERGY SYSTEMS PROPOSED TO BE SITED IN THE TOWN OF LANSING, NEW YORK The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing is authorized to adopt zoning provisions and local laws that advance and protect the health, safety and welfare of the community; and WHEREAS, said proposed Local Law proposes: to facilitate and regulate the development and operation of certain renewable energy systems based upon the use of sunlight and wind; to take advantage of a safe, abundant, renewable and non-polluting energy resource; to decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses; to increase employment and business development in the Town of Lansing, to the extent reasonably practicable, by furthering the installation of Solar and Wind Energy Systems and related or independent battery and energy storage systems; to mitigate the impacts of such systems upon environmental resources, such as important agricultural lands, forests, wildlife and other protected resources; and to provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of such systems; and WHEREAS, upon deliberation there upon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of September 2019, at 6:31 pm, to consider public input and comments upon such proposed Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the August 21, 2019 14 official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with the law. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019. RESOLUTION SUPPORTING TOMPKINS COUNTY WATER RESOURCES COUNCIL STAFF REQUEST TO TOMPKINS COUNTY LEGISLATURE TO PRESERVE AND IMPROVE THE WATER QUALITY OF CAYUGA LAKE AND ITS WATERSHED RESOLUTION 19-125 RESOLUTION SUPPORTING TOMPKINS COUNTY WATER RESOURCES COUNCIL STAFF REQUEST TO TOMPKINS COUNTY LEGISLATURE TO PRESERVE AND IMPROVE THE WATER QUALITY OF CAYUGA LAKE AND ITS WATERSHED The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the presence of Harmful Algal Blooms (HABs) in Cayuga Lake is a serious problem impacting the health and safety of residents, as well as having a potentially significant economic impact for the surrounding area; and WHEREAS, the Tompkins County Water Resources Council (WRC) subcommittee on Harmful Algal Blooms (HABs) is tasked with addressing the lake-wide issue of HABs in Cayuga Lake; and WHEREAS, the Water Resources Council is requesting that Tompkins County fund a staff person to bring together the work of different Tompkins County entities and engage with entities outside Tompkins County to help coordinate and advance water quality work being done throughout the watershed to network between groups, both within Tompkins County and throughout the watershed; implement existing action plans, such as the NYS DEC’s HAB Action Plan for Cayuga Lake and the 2017 Cayuga Lake Watershed Restoration and Protections Plan; write and administer associated grants; identify and organize existing data, plans, and identify gaps; and assist municipalities and agencies to take recommended actions to reduce the occurrence of HABs; and therefore be it RESOLVED, that the Town Board of the Town of Lansing hereby endorses the Tompkins County Water Resource Council request to the Tompkins County Legislature to add a staff person to coordinate work to preserve and improve the water quality of Cayuga Lake and its watershed. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019. RESOLUTION HIRING PERRY COOK AS A PART-TIME LABORER IN AND FOR THE HIGHWAY DEPARTMENT August 21, 2019 15 RESOLUTION 19-126 RESOLUTION HIRING PERRY COOK AS A PART-TIME LABORER IN AND FOR THE HIGHWAY DEPARTMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Highway Superintendent has a need for a Part-Time Laborer, on an as needed basis, at the Town of Lansing Highway Department, and WHEREAS, said position has been classified and deemed as a Civil Service Laborer position by the Tompkins County Department of Personnel; and WHEREAS, Perry Cook has been identified as a qualified candidate; and WHEREAS, the Highway Superintendent has recommended that Perry Cook be hired as a Part-Time Laborer, on an as needed basis, at the Town of Lansing Highway Department; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby: RESOLVED, that Perry Cook be and hereby is approved to be employed as a Part-Time Laborer, on an as needed basis, at Grade A, Step 1, in the Town of Lansing Highway Department, effective August 26, 2019, at a rate of $17.25 per hour, and it is further RESOLVED, that the appropriate Town officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters, to file the required Civil Service forms to effect such changes per this Resolution, and to file Form 428s, if required. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019. RESOLUTION UPDATING EMPLOYEE KEVIN PRICE’S POSITION AND JOB CLASSIFICATIONS TO FULL-TIME MEO RESOLUTION 19-127 RESOLUTION UPDATING EMPLOYEE KEVIN PRICE’S POSITION AND JOB CLASSIFICATIONS TO FULL-TIME MEO The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Kevin Price was hired as a laborer and has passed his CDL test such that he qualifies for and, as planned, will be promoted into the MEO position; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has thus RESOLVED, that effective August 26, 2019, Kevin Price be classified as a MEO, Grade C, Step 5, with an hourly wage to be set at $22.60 per hour, such promotion and position to be probationary for the customary 26-week period. August 21, 2019 16 RESOLVED, that the appropriate Town officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters, to file the required Civil Service forms to effect such changes per this Resolution, and to file Form 428s, if required. The question of adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 21, 2019. APPROVE AUDIT and BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT RESOLUTION 19-128 The Supervisor submitted his monthly report for the month of July 2019, to all Board Members and to the Town Clerk. The Supervisor’s Report was reviewed by Councilperson Katrina Binkewicz. The bills were reviewed by Councilperson Katrina Binkewicz and Supervisor Edward LaVigne. Supervisor Edward LaVigne, moved that the Supervisor’s Report be approved as submitted and the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 008 DATED 8/21/2019 AUDITED VOUCHER #’s 653 - 834 PREPAY VOUCHER #’s 653 - 658 AUDITED T & A VOUCHER #’s 53 – 60 PREPAY T & A VOUCHER #’s 53 – 56 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 398,558.49 HIGHWAY FUND (DA&DB) $ 126,494.55 LANSING LIGHTING (SL1, 2 &3) $ 1,341.53 LANSING WATER DISTRICTS (SW) $ 176,665.03 TRUST & AGENCY (TA) $ 53,500.62 WARREN ROAD SEWER DISTRICTS (SS1-) $ 21,745.97 CHERRY ROAD SEWER DISTRICT (SS3-) $ 8,466.48 DRAINAGE DISTRICTS (SDD1,2,4,5,6,7,8) $ 0.00 DRAKE RD – CWD#4 (HA) $ 0.00 August 21, 2019 17 BUDGET MODIFICATIONS GENERAL FUND A 8/21/2019 Board Meeting FROM TO FOR AMOUNT A599 A1940.400 From Fund Balance to Purchase of Land/Real Property $ 207,713.00 104 Auburn Rd Purchase Resolution 19-101 A599 A7110.200 From Fund Balance to Parks Equipment $ 5,300.00 Additions to Community Foundation Grant Res 19-100 A599 A7110.400 From Fund Balance to Parks Contracutal $ 26,621.00 Donation for Ball field Fence A599 A7110.406 From Fund Balance to Salt Point Contractual $ 1,500.00 Additions to Community Foundation Grant Res 19-100 A599 A7310.110 From Fund Balance to Youth Program Prsnl Srvcs $ 5,000.00 Additional Funds needed for Day Camp Counselors A2705 A7560.400 From Donations to Other Performing Arts Contractual $ 365.00 Additional funds needed A1990.400 A8810.400** From Contingency to Cemetaries Contractual $ 1,000.00 Additional funds needed **A8750.401 was incorrect, typo noticed after meeting, corrected to A8810.400 GENERAL FUND A 8/21/2019 Board Meeting FROM TO FOR AMOUNT B599 B3650.400 From Fund Balance to Demolition of Unsafe Building $ 26,000.00 25 Sperry Lane, Resolution 19-107 HIGHWAY FUND DB 8/21/2019 Board Meeting DB599 DB5110.200 From Fund Balance to Street Maintenance Equipment $ 27,000.00 Purchase of Auto Flagger - Motion 7/17/19 WATER FUND SW 8/21/2019 Board Meeting FROM TO FOR AMOUNT SW599 SW8320.403 From Fund Balance to Source of Supply CWD#4 $ 1,500.00 New District many residents hooked up Councilperson Katrina Binkewicz, seconded the motion and it was put to a roll call vote with the following results: Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on August 21, 2019. BOARD MEMBER REPORTS Edward LaVigne, Supervisor, suggested if Board members have reports, to send to Clerk’s Office prior to the meeting, then they could be submitted in the minutes. August 21, 2019 18 Joseph Wetmore – reported the following: Tompkins County Council of Governments (TCCOG)  Studying short term rentals in County, will share with towns  Working on a back-up emergency dispatch center  Looking to combine mental health and public health department  Organizing session for Code Enforcement Officers to share information Ithaca-Tompkins County Transportation Council (ITCTC)  Trying to get Lansing a voting seat on Policy Committee o Will help Town get more money o Will bring Memorandum of Understanding to next meeting - first step in getting us a voting seat Town Website – Still several areas that need to be cleaned up Peter Wheeler Recognition – Looking for a better picture that will engrave nicely Doug Dake – reported the following: Stanley Burke  Resolution for October meeting  Ed requested his plaque be placed in the hall next to the Code Office Katrina Binkewicz – No Report TOWN COUNSEL REPORT Guy Krogh – No report BOARD MEMBER REPORTS Edward LaVigne – reported the following: NYSEG  Spoke with new District Coordinator, Joe Gentilcore o Setting up information session in September for public to ask questions about outages  Had conversation with President, Carl Taylor o Public Service Commission decides rate increase o Asked that NYSEG app have estimate time of restoration and reason for outage o Suggested they perform public relations work in Lansing area Spectrum  Spoke with Spectrum Representatives and Senator  Need approval from NYSEG to raise the lines MOTION TO ENTER EXECUTIVE SESSION Councilperson Joseph Wetmore, moved to ENTER EXECUTIVE SESSION TO DISCUSS 1) MATTERS CONCERNING THE MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON/CORP, OR MATTERS LEADING TO SAID DISMISSAL, REMOVAL, PROMOTION, APPOINTMENT, EMPLOYMENT, DISCIPLINE, DEMOTION OR SUSPENSION, AND 2) MATTERS PERTAINING TO THE ACQUISITION, LEASING, OR SALE OF REAL PROPERTY WHERE PUBLICITY MAY AFFECT TERMS OR VALUE, AND 3) MATTERS PERTAINING TO COLLECTIVE BARGAINING NEGOTIATIONS AT 9:18 PM. Supervisor Edward LaVigne, seconded the motion. All in Favor - 4 Opposed - 0 August 21, 2019 19 MOTION TO EXIT EXECUTIVE SESSION Supervisor Edward LaVigne, moved to EXIT EXECUTIVE SESSION AT 10:14 PM. Councilperson Joseph Wetmore, seconded the motion. All in Favor - 4 Opposed - 0 ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 10:14 p.m. Minutes taken and executed by the Deputy Town Clerk. Respectfully submitted, Jessica Hall Deputy Town Clerk